This is an excellent insight - it's the kind where my immediate reaction is "Yes of course that's exactly right," and yet it had never occurred to me, nor have I seen it made elsewhere. The second paragraph in particular is a gem. You should tweet it. It really needs to get into the discourse.
They lied about a lot of other things to. Fracking, packing the SCOTUS, using the DOJ against political rivals.....there is a litany longer than a Greek Orthodox service.
So why exactly did Biden's DOJ prosecute Hunter Biden and appoint a Republican special prosecutor? A weaponizing DOJ would have avoided that, don't you think?
Fascinating! I confess to having harbored similar thoughts with respect to Ford's pardon of Nixon, now a billion years ago: He could have simultaneously pardoned the draft dodgers. Perhaps he was afraid that one wouldn't have an army after such.
Game theory is not my strong suit, but lets try this: We are not yet at an equilibrium in the game that re-started after the end of the Roosevelt coalition. The Democrats, including Biden, think their Nirvana can be recreated. So there is no reason to cooperate. I believe they are wrong, but who knows?
Joe Biden has a taint of sleaze? Trump rejected a free and fair election, calling all of our Republican institutions into question. He then helped organize an armed insurrection to trash the Capitol Building and prevent his Vice President from certifying the election. Oh, he is also a convicted rapist. I do not understand why intelligent people like you have such admiration for the man.
Regardless of anything Trump has done, that doesn't change the fact that Biden has a taint of sleaze. Trump's garbage doesn't eliminate Biden's garbage.
When the left screws up, it's because they're just so flawed. When the right screws up, it's because the left made them do it. In any case, the blame will magically fall on the left.
It's both predictable and exhausting. In essence, John is pre-emptively putting the blame on the left for the screw ups Trump hasn't even committed yet. Weak stuff. Bad things happen when people aren't willing to hold politicians accountable -- even their own.
This comment is full of verifiable errors and reflects the typical mindset of Trump derangement that is so removed from reality that any debate is fruitless. My two cents.
Agree with you Professor but I don't think they want the war to stop. Truly I don't. The Democrat's aim is brazen. They want total power and control. See Chicago and the state of Illinois. They don't care about citizens.
Podcaster Megyn Kelly has said that the Republicans need to punch back twice as hard and use that sharp spear because it's the only way Democrats will get the message and wake up. I guess it goes back to the old "beat the bully up so bad he will think twice before he does it again" idea.
In practice, Harry Reid killed the filibuster for judges. It's come to haunt them. The Republicans own the SCOTUS, and they are likely to own at least 2.3rds of the federal judiciary before the next election which is more likely to be a Republican than a Democrat given the benches on both sides.
John, just brilliant! I love your economics, but this is so right on- so insightful. And I do not know much about the road to Tunesia. But this has for some time had the flavor, hypocrisy, and comedy of the road to Morocco. And he could have pardoned the January 6 people as well. After all major US cities were burned, looted, and wrecked stuff and stole more stuff, and that was called peaceful BLM protesting! hilarious... What I think may happen is a more in-depth look into the 2016 elections because with (1) a female candidate, (2) a black candidate, (3) the issue of abortion, and (4) one billion dollars to demonize Trump, who had already been undermined using as many tricks as possible ...( drum roll) the Democrats still seem to have lost track of some 7 million votes they had in 2016 - or did they??. How is that possible? Well, it's possible if they were not real votes. If there is a billion dollars to try to beat and destroy Trump there must be money enough to rummage through old ballots in PA and elsewhere and try to see what really happened. The missing 7-million votes really speak to me.
Sorry, John, not a chance of that happening. In fact, his comments about trusting the Justice Department are calculated to leave the Trump prosecution intact for 2028 (or when the dems next return to the White House).
You're right it is a no-brainer thing for him to do, but I don't think he's ever done anything is his life without calculating the immediate personal benefit. He feels scorned by the party and is doing a Nixon with the "you won't have Biden to kick around" on his way out the door.
That was my first reaction on the implications of the pardon. Biden will likely pardon his entire family, then cause a constitutional crisis over his ability to pardon himself.
John Cochrane said "...in ways that permanently diminish presidential power..." Yes, yes, and yes. Congress has abdicated too much power to the presidency, and the presidency rules too much by Executive Order. Another benefit to reducing presidential power is that when we have bad presidents, they have less power to screw things up.
Meh. It's sleaze all the way down. Trump pardoned a whole clown car of felons on his way out the first time. Trump was clearly hiding the fact he had national secrets in his possession, worse than Biden or Berger. Biden blew it by waiting so long to investigate. Presidents deserve to be thrown in jail if they break the law; the Supreme Court blew it. Perhaps Ford also blew it by pardoning Nixon.
Why wouldn't Trump reply that he has no need of a pardon? Seems like we might be assuming he does here. Why is that? Can someone with lawyer training explain the legal theory behind presidents and governors having pardoning power in the first place? Doesn't pardon power pretty much stand the notion of equal justice for all on its head?
Does it strike anyone but me as odd that there would be a "sovereign"? What is it in humans that wants a king? In any case, either we have equal justice for all or we don't. If the "sovereign" can pardon, the whole idea of equal justice is out the window, no?
Well if you’re asking about the rationale, then besides curing simple “injustices” (wrongful convictions), one need look no further than the lawfare against Trump himself as reason for there to be a pardon power.
Yes, I get the idea. Still, we have a system of justice. Does it not work? If it doesn't, we might want to change it. If it does, we might want to honor it. Trump is and was doing just fine with the justice system, so far as I can tell. But because the POTUS has the power to pardon perhaps even himself, the system is thwarted. Hunter Biden and Joe Biden both should be prosecuted, but evidently, it may now be out of the question.
Capitulation is not the answer, in my opinion. I hear you and I understand what you are saying. I disagree, based on my experience with capitulating with immoral actors.
“Hunter Biden and Joe Biden both should be prosecuted”
For the record, since avoiding banana republic-hood is extremely important to me, then just as with Hillary, despite the fact that Hunter and Joe almost surely committed prosecutable, convictable crimes, I’m with JC and glad/hope they won’t be prosecuted.
The far more “criminal” action in this context is that the mainstream media covered up the story for years and never pursued it more forcefully - unlike, say, what they did with Watergate - and so Joe wasn’t convicted in the court of public opinion or perhaps impeached as he should have been, if not in 2020, then surely in 2021 or 2022.
I'm not much worried about banana republic-hood. I'm more interested in our justice system and whether it delivers equal justice for all. I understand that other people may have different or more important values than mine, to which they are entitled. For me, justice is a very high value.
My thoughts on the strategy of it. More coming tonight. https://ericrasmusen.substack.com/p/joe-biden-pardoning-hunter-biden
This is an excellent insight - it's the kind where my immediate reaction is "Yes of course that's exactly right," and yet it had never occurred to me, nor have I seen it made elsewhere. The second paragraph in particular is a gem. You should tweet it. It really needs to get into the discourse.
Excellent article. Thank you, John!
guess i was among a minority who when Joe said he would not exonerate Hunter did not believe him; after all, it is his child.
Yes, your suggestions are worthy ones, but Biden is senile and reprobate, too.
They lied about a lot of other things to. Fracking, packing the SCOTUS, using the DOJ against political rivals.....there is a litany longer than a Greek Orthodox service.
So why exactly did Biden's DOJ prosecute Hunter Biden and appoint a Republican special prosecutor? A weaponizing DOJ would have avoided that, don't you think?
Most insightful, Professor Cochrane! And while it wouldn't make the impact it'd have made had it accompanied Hunter's pardon, it isn't too late.
Fascinating! I confess to having harbored similar thoughts with respect to Ford's pardon of Nixon, now a billion years ago: He could have simultaneously pardoned the draft dodgers. Perhaps he was afraid that one wouldn't have an army after such.
Game theory is not my strong suit, but lets try this: We are not yet at an equilibrium in the game that re-started after the end of the Roosevelt coalition. The Democrats, including Biden, think their Nirvana can be recreated. So there is no reason to cooperate. I believe they are wrong, but who knows?
I just thunk of another brilliant insight: What's Biden got to lose?
Joe Biden has a taint of sleaze? Trump rejected a free and fair election, calling all of our Republican institutions into question. He then helped organize an armed insurrection to trash the Capitol Building and prevent his Vice President from certifying the election. Oh, he is also a convicted rapist. I do not understand why intelligent people like you have such admiration for the man.
I don't know if John admires Trump. His point is clear. Stop this tit for tat nonsense as humanly possible.
Trump will have plenty of chances to stop the tit for tat.
Regardless of anything Trump has done, that doesn't change the fact that Biden has a taint of sleaze. Trump's garbage doesn't eliminate Biden's garbage.
The Left has everything except a mirror.
Or anything with reflective properties.
When the left screws up, it's because they're just so flawed. When the right screws up, it's because the left made them do it. In any case, the blame will magically fall on the left.
It's both predictable and exhausting. In essence, John is pre-emptively putting the blame on the left for the screw ups Trump hasn't even committed yet. Weak stuff. Bad things happen when people aren't willing to hold politicians accountable -- even their own.
This comment is full of verifiable errors and reflects the typical mindset of Trump derangement that is so removed from reality that any debate is fruitless. My two cents.
Taint was a kind word. Biden is drowning in sleaze. TDS is in the air.
Taint is the wrong location. A little further rearward...
Marvellous insight. Perhaps now that its on the table, Trump will take it. We can hope.
I agree and made a similar point in this WSJ piece: https://www.wsj.com/opinion/day-one-agenda-for-trump-or-harris-a-pardon-heal-division-with-legal-clemency-8d59efb8
Agree with you Professor but I don't think they want the war to stop. Truly I don't. The Democrat's aim is brazen. They want total power and control. See Chicago and the state of Illinois. They don't care about citizens.
Podcaster Megyn Kelly has said that the Republicans need to punch back twice as hard and use that sharp spear because it's the only way Democrats will get the message and wake up. I guess it goes back to the old "beat the bully up so bad he will think twice before he does it again" idea.
In practice, Harry Reid killed the filibuster for judges. It's come to haunt them. The Republicans own the SCOTUS, and they are likely to own at least 2.3rds of the federal judiciary before the next election which is more likely to be a Republican than a Democrat given the benches on both sides.
I prefer your strategy.
John, just brilliant! I love your economics, but this is so right on- so insightful. And I do not know much about the road to Tunesia. But this has for some time had the flavor, hypocrisy, and comedy of the road to Morocco. And he could have pardoned the January 6 people as well. After all major US cities were burned, looted, and wrecked stuff and stole more stuff, and that was called peaceful BLM protesting! hilarious... What I think may happen is a more in-depth look into the 2016 elections because with (1) a female candidate, (2) a black candidate, (3) the issue of abortion, and (4) one billion dollars to demonize Trump, who had already been undermined using as many tricks as possible ...( drum roll) the Democrats still seem to have lost track of some 7 million votes they had in 2016 - or did they??. How is that possible? Well, it's possible if they were not real votes. If there is a billion dollars to try to beat and destroy Trump there must be money enough to rummage through old ballots in PA and elsewhere and try to see what really happened. The missing 7-million votes really speak to me.
Well done John. I wonder if Joe thought he was pardoning himself as well. Burisma and the "Big Guy."
Sorry, John, not a chance of that happening. In fact, his comments about trusting the Justice Department are calculated to leave the Trump prosecution intact for 2028 (or when the dems next return to the White House).
You're right it is a no-brainer thing for him to do, but I don't think he's ever done anything is his life without calculating the immediate personal benefit. He feels scorned by the party and is doing a Nixon with the "you won't have Biden to kick around" on his way out the door.
That was my first reaction on the implications of the pardon. Biden will likely pardon his entire family, then cause a constitutional crisis over his ability to pardon himself.
John Cochrane said "...in ways that permanently diminish presidential power..." Yes, yes, and yes. Congress has abdicated too much power to the presidency, and the presidency rules too much by Executive Order. Another benefit to reducing presidential power is that when we have bad presidents, they have less power to screw things up.
Meh. It's sleaze all the way down. Trump pardoned a whole clown car of felons on his way out the first time. Trump was clearly hiding the fact he had national secrets in his possession, worse than Biden or Berger. Biden blew it by waiting so long to investigate. Presidents deserve to be thrown in jail if they break the law; the Supreme Court blew it. Perhaps Ford also blew it by pardoning Nixon.
Why wouldn't Trump reply that he has no need of a pardon? Seems like we might be assuming he does here. Why is that? Can someone with lawyer training explain the legal theory behind presidents and governors having pardoning power in the first place? Doesn't pardon power pretty much stand the notion of equal justice for all on its head?
Does it strike anyone but me as odd that there would be a "sovereign"? What is it in humans that wants a king? In any case, either we have equal justice for all or we don't. If the "sovereign" can pardon, the whole idea of equal justice is out the window, no?
“Can someone with lawyer training explain the legal theory behind presidents and governors having pardoning power in the first place?”
While I come from a family of lawyers, I have no formal legal training.
However, for this question re: the presidency, I don’t need it.
See Article II, Section 2, Clause 1 of the U.S. Constitution.
"The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."
Yes, I know it's in the constitution. That wasn't my question thanks though.
Ah, ok.
Well if you’re asking about the rationale, then besides curing simple “injustices” (wrongful convictions), one need look no further than the lawfare against Trump himself as reason for there to be a pardon power.
Yes, I get the idea. Still, we have a system of justice. Does it not work? If it doesn't, we might want to change it. If it does, we might want to honor it. Trump is and was doing just fine with the justice system, so far as I can tell. But because the POTUS has the power to pardon perhaps even himself, the system is thwarted. Hunter Biden and Joe Biden both should be prosecuted, but evidently, it may now be out of the question.
“Still, we have a system of justice. Does it not work?”
Put aside the more complex question (on multiple levels) of pardoning oneself.
For all else, the point is that despite the fact that our system of justice generally works, it is surely not perfect.
So the pardon power - its own imperfections aside - is just one more piece on the way towards a more perfect union.
With emphasis on the “more”, not the “perfect”. Our Founders understood human nature quite well.
Capitulation is not the answer, in my opinion. I hear you and I understand what you are saying. I disagree, based on my experience with capitulating with immoral actors.
“Hunter Biden and Joe Biden both should be prosecuted”
For the record, since avoiding banana republic-hood is extremely important to me, then just as with Hillary, despite the fact that Hunter and Joe almost surely committed prosecutable, convictable crimes, I’m with JC and glad/hope they won’t be prosecuted.
The far more “criminal” action in this context is that the mainstream media covered up the story for years and never pursued it more forcefully - unlike, say, what they did with Watergate - and so Joe wasn’t convicted in the court of public opinion or perhaps impeached as he should have been, if not in 2020, then surely in 2021 or 2022.
I'm not much worried about banana republic-hood. I'm more interested in our justice system and whether it delivers equal justice for all. I understand that other people may have different or more important values than mine, to which they are entitled. For me, justice is a very high value.